K.T. Sankaran, J.

Aggrieved by the order in I.P. No. 1 of 2007, on the file of the court of the Subordinate Judge of Koyilandy, the petitioner herein filed an appeal before the District Court, Kozhikode. The appeal was filed as C.M.A., i.e., Civil Miscellaneous Appeal. The District Court passed an order dated 10.3.2011 which reads as follows :

"Heard the appellant. This is an appeal filed under Section 79 of the Insolvency Act. But it is filed as a Civil Miscellaneous Appeal. Section 75 of the Insolvency Act deals with the filing of appeal. Since the order appealed against is being a final order the appellant ought to have filed an appeal as provided under Order 41 Rule 1 Civil Procedure Code or under Order 44 Rule 1 Civil Procedure Code. But instead of filing a regular appeal, the appellant has filed this appeal under Order 43 Rule 1 Civil Procedure Code. As the order appealed against is not an interlocutory order or an order specified in Order 43 Rule 1, I am of the view that the Civil Miscellaneous Appeal filed by the appellant is not maintainable. So return the appeal memorandum to the appellant for preferring a regular appeal instead of Civil Miscellaneous Appeal."

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